1 

### January 28, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Air Regulations according to

Se c tion 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Tri

- Point Construction Layout Inc. is applying for an exemption from the Code of Federal Reg ulations detailed below

. The r e quested exemption would per mit co m me r cial operation of its Leica Geosystems Aibotix X6 Unmanned Aircraft System (UAS) for the purpose of aerial i nspection and monitoring, aerial photogrammetry

, and aerial filming for our commercial constru ction business.

BACKGROUND

With the advent of technological leaps in construction measurement technology, UAS brings a new and safer method of capturing jobsite data to improve the commercial co n struction workflow. Tri

Point

, is a leader in the commercial building and heavy highway i n du s tr y utilizing cutting edge tec hnology to assist clients in maximizing productions B e cause of our business model we co n ti nu ally
strive and i m prove our wor k flows and best practi c es to pass along the best product to our clients.

. This is a c co m plished by ut i l i z ing the lat est in mea s urement tec h no lo gy with hig h ly trained and staff dedicated to safety as ro u tinely pra c ticed in the co n stru c tion i n dustry. To keep pr o jects on track and
on bud g et, contra c tors need co n tin u ous updates as to the progress of var i ous as pects of the pr o ject.

U p dates such as the amount of earth work that has been pe r formed, avai l able co n stru c tion mater i als, asset tracking, buil d ing progress, and env i ro n mental compl i ance just to name a few. Trad i tional

mea s ur e ment collection methods can be time co n suming and involve clim b ing on loose mat e rial

stoc k piles, clim b ing stru c tures and using scaffol d ing, all of which are go v erned by OSHA and

MSHA saf e ty procedures. These co l lection methods can pote n tia l ly be ha z ar d ous due to risk of fall or being struck b y heavy equi p ment or falling debris

. Tri

- Point has d e te r mined that UAS will bring a
new element of saf e ty to the job site by r e ducing the risk to e m ployees working in hazardous cond itions for data colle c tion while si m u l t a n e ou s ly i m pro v ing the constru c tion workflow a nd i n creasing the amount and quality of the data b e ing co l lected and potential lower company EMR ’ s

.

In response to commercial demand for sUAS use, the FAA has previously granted to o p erators the privilege to fly in the NAS . The following approved 333 exemption pet i tions describe similar uses to
those that Tri

- Point seeks:2  For aerial inspections: exemption no. 1 1 216

, Solusia Air, LLC; exemption no. 11422

, Soar Environmental Consulting ; exemption no. 11241, Phoenix Air

 For geospatial mapping: exemption no. 11393

, Surveying and Mapping, LLC ; e x emption no.

11397

, Colorado Cartographics

 For aerial imaging and filming : exemption no. 11150, AerialCine; exemption no. 11240, Ae rial Flight

.

 For aerial data collection, exemption no. 11343, Woolpert ; exemption no. Dr a ganfly Innov ations, Inc.

In a ddition, the FAA has previously approved thirteen petitions whose petitioners use of the Aibotix X6 for their sUAS operations including : exemption no. 11216, Solusia Air; exemption no. 11545, Clean Energy Renewables, 11726, Soutex Surveying and Eng i n ee r ing, and exemption no. 11356, Boyd Instrument and Supply Company. Finally the FAA has also approved the distributor of the
Aibotix X6 aircraft , Leica Geosystems Inc. under exemption no. 14694 for comparable uses.

In accordance with these previously granted exemptions, Tri

- Point respectfully su b mits its petition
to the FAA for the use of its Aibotix X6 UAS for commercial oper a tions in the NAS. I n its submi ssions

, Tri

- Point will document an equivalent or greater level of safety than possible for similar mi ssions using manned aircraft; the safety sy s tems and procedures it will adhere to; the characteristics
of the Aibotix X6 aircraft ( in particular its failsafe, lost

- link and emergency recovery capability ); and the public i n terest served by this proposed exemption to certain sections of the Code of Federal Re gulations.

DESCRIPTION OF PETITIONER

Tri

- Point Construction Layout, loca ted in Wynantskill NY and is a registered bus i ness with the
state of New York.

NAME OF PETITIONER
**Chris Constantine** Vice President
P.O. Box 116 Wynantskill, NY 12198 (518) 378

- 5132 (Cell) (518) 424

- 3533(Office) chris@tripointny.com

AGENT OF PETITIONER Bryan Baker Leica Geosystems Inc.
970

- 227

- 3417

B ryan. Baker@Leicaus.com3 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

Tri

- Point wishes to fly the Aibotix X6, an electric multirotor, as its survey aircraft. Ai botix
Gmbh in Germany has delivered more than 4 00 aircraft since 2011. The flight control system
used with the aircraft is proprietary, non

- open source and d e signed and manufactured by the

co m pany in Germany. System development is subject to Aibotix and Leica's rigorous design and quality control standards, and has undergone continuous improvement since market launch three years ago.

If the radio control link is lost, emergency failsafe will prevent flyaway and pe r form a controlled descent or, if GPS signal is sufficient, return to the takeoff point. The flight control system can fly pre

- programmed waypoints yet respond immed i ately to pilot stick overrides in case of route adjustment or emergency. Its radio control system i n corporate s telemetry, which is displayed on the pilot’s handheld controller and may be announced by voice. The X6 aircraft is optimized for aerial survey

. Its software i n cludes dynamic points of interest (POI) which enables aut o matic visual alignment t o wards the PO I and geo

- fencing for protection , which r e duces pilot workload. The aircraft is less than four feet in diameter, made of ca r bon

- fiber reinforced polymer in a high

visibility color, with protective blade guards surrounding its six rotors. Max i mum takeoff we ight is approximately 1 5 pounds, and flight time is about thirty minutes with its redundant multicell battery system. The aircraft carries no flammable liquid fuel.

RF SPECTRUM

Radio control and video transmission systems meet FCC requirements for op er a tion in the unl icensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer war n ings about interference from devices operating at or near these frequencies or their ha r monics are documented in the Leica Flight Operations Manual ( LFOM ), along with proced ures to ensure radio safety with the SUAS

.

EXTENT OF RELIEF SOUGHT AND WHY

Petitioner asks for relief from regulations tabled below, which the authority of the FAA has pr eviously granted in exemption certificates number 11062 along with six others described as “in commonality”, and in number 11109, which are for use of electric rotorcraft. The Leica Geosy stems Flight Operation Manual ( LFOM ) i n corp o rates the conditions and limitations of these grants of exemption, and in some cases imposes str icter limits on its own operations. Tri

- Point will operate the craft pursuant to these conditions and limitations, specifically with respect to
safe and short

- duration missions

.



### CFR CODE CITATIONS4 **14 CFR**

**PART SUMMARY OF** 
**REGULATION REASON FOR**  **EXEMPTION REQUEST EQUIVALENT LEVEL OF** 

**SAFETY** 61.113 (a) Private pilot privileges
and limitations: Pilot in
command. Holder of private pilot certificate may not act as pilot in command for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exem ption request. Characteristics of aircraft, VLOS, class G airspace, under 400 ft. AGL, trained visual
observer in radio communic ation wit h pilot; remote site, industry safety protocols e nhanced by Leica 's flight safety plan; PIC with minimum of sport pilot certificate, glider certificate, non

- powered and powered, currency in the ai rcraft listed on the certificate,
3rd class medical or valid U.S. driver’s license, pilot training, testing, proficiency with similar and same model UA; and i nspection/maintenance are d efined in the Leica Flight Oper ations Manual ( LFOM ) and will ensure equivalent levels of safety if not more. 61.113 (b) Private pilot privileges
and limitations: Pilot in
command. Holder of private pilot certificate may act as pilot in co mmand for compensation or hire if flight is incidental to business or employment and does not carry passengers for compens ation or hire. Flying f or co mpensation on engineering su rvey missions is central to pu rpose of exemption request, not
incidental to business or e mployment. There is no passenger or pilot
on board the s UAV, thus safety

issues are different from a manned flight. Aibotix a ircraft has programmable automated safety features and emergency responses, has pre

- flight checks for safety beyond commercial manned aircraft, can be ge ographically restricted by oper ator with programm a ble control points, and has communic ations with the P IC regarding fuel loss and other flight ha zards. PIC will have ground school training certif i cate and additional 25 hours logged flight time and 25 hours clas sroom and field instruction as

stated in LFOM

.5 **14 CFR**

**PART SUMMARY OF** 
**REGULATION REASON FOR EXEMPTION**  **REQUEST EQUIVALENT LEVEL OF** 

**SAFETY** 91.119 (c) Minimum safe altitudes
over other than co ngested area Operating closer than 500 feet to a person, vehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed over, under or within 500 feet laterally of the aircraft in flight. Some flights may require the participation or guidance of industry personnel, positioned

as close as 200 feet. Tri

- Point will brief them on safety and

obtai n necessary consent. I ndustry specific saf e ty rules and regulations are to be followed.

. 91.121 Altimeter settings Procedures to set and confirm altitude do not provide for operation of remote telemetry to SUAS pilot. An onboard air pressure sensor and software resolve height
differences as small as one
centimeter. Altitude is co ntrolled by measuring air pre ssure and the z

- ­ ‐ axis acce lerometer/GPS values. The starting point is a relative height measurement calculated by the flight controller. Altitud e above ground is displayed on the pilot's handheld co ntro l ler by telemetry, and alarms can signal conditions of inte rest. 400 feet AGL is the max imum permissible in the

LFOM , which describes alti meter procedures.6 **14 CFR**

**PART SUMMARY OF** 
**REGULATION REASON FOR EXEMPTION**  **REQUEST EQUIVALENT LEVEL OF** 

**SAFETY** 91.151 (b) Fuel requirements for flight in VFR conditions. Rotorcraft under VFR must carry enough fuel to reach first landing point and then another 20 minutes. The X6 multirotor is designed to fly

for a maximum of 30 minutes with

its 2 batteries. Battery voltage under load is displayed on th e pilot's handheld controller during flight. The X6 uses 2 lithium polymer batteries of a multi

- ­ ‐ cell design, connected in parallel for redundancy and optimal current delivery. Battery che mistry does not support adequate current discharge below about

3 v per cell. Circuitry in the onboard flight controller measures voltage and will start a failsafe procedure to land
before summed minimums are
reached. In the event that one or more cells fail, these min imums may be reached sooner than expected, due to rapid current drain against a smaller number of functioning cells.
Tri

- Point pilots are trained to monitor voltage and reco g nize abnormal discharge in flight
and to land sooner than forced. If 20 minutes of flight time or 25% of reserve voltage under
load is reached, pilot must commence landing. 91.405 (a) Maintenance required. Required inspections and discrepa ncies repaired between required i nspections pertains to certificated manned aircraft and procedures co nducted by licensed maintenance pe rsonnel. In the absence of certific ation requirements for SUAS and
SUAS maintenance personnel, re asonable alternatives must be deve loped to maintain equivalent levels of safety. Tri

- Point will document maintenance, overhaul, r eplacement and inspection r equire ments in the absence of manufacturer's requirements;

will document and maintain

maintenance records and tec hnician qualification criteria in

the LFOM

.

91.405 (b) Maintenance records. Qualifications for maintenance pe rsonnel for SUAS were not conte mplated by these regulations, and a

reasonable alternative must be deve loped to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance pe rsonnel are defined in the

LFOM

.7 **14 CFR**

**PART SUMMARY OF** 
**REGULATION REASON FOR EXEMPTION**  **REQUEST EQUIVALENT LEVEL OF** 

**SAFETY** 91.407 (a) (1) Operation after maint enance, preventive maintenance, rebuil ding, or alteration. There is no authorization procedure for a person who can approve a r eturn to service of an SUAS , and a
reasonable alternative must be deve loped to maintain equivalent levels of safety. Procedures for the PIC to test then approve a return to se rvice after maintenance are

defined in the LFOM

.

91.409 (a) (1) Inspections. Annuals conducted by a qualified inspector require authorization crit eria for that inspector, not yet defined
for SUAS . A reasonable alternative must be developed to maintain equivalent levels of safety. Schedules for inspection and responsibilities of the PIC and qualified technician are d escribed in the LFOM

.

91.409 (a) (2) Inspections. Issuance of airworthiness ce rtificates

for SUAS under 55 pounds operated VLOS is not contemplated by these regulations Airworthiness is the respons ibility of the PIC and the tec hnician as defined in the LFOM

.

91.417 (a) Maintenance records. Regulations do not contemplate require ments or approval processes for maintenance and inspection of

uncertificated SUAS , however a re asonable alternative must be deve loped to maintain equivalent levels of safety. The operator will maintain records according to the pr ocedures specified in the

LFOM

.

91.417 (b) Maintenance records. Retaining and transferring records of maintenance and defects according to standards prescribed for autho rized maintenance and inspection is not contemplated in the regulations
for SUAS . A reasonable alternative is necessary to maintain equivalent levels of safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

LFOM

.8 

### PILOT IN COMMAND AND CREW

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational, sport pilot , glider (powered or non

- powered) airman's certificate

, and be in compliance with the training and testing specified in the LFOM . The PIC must also hold a
current FAA airman medical certificate or if qualified as a sport pilot, a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must be in compliance with the training and testing specified in the operator ’s manual. He must remain in radio communication with a visual observer who is in compliance with the training and tes ting specified in the operator’s manual. The pilot must be able to acquire the aircraft with his own vision, unaided except by prescriptio n refraction lenses. He must at minimum meet the eye

- testing standards for a third

- class airman medical certificate, or if qualified by a sport pilot certificate, then by the terms of its vision standards. He must operate within visual line of sight only, and be able to see the attitude and orientation of the aircraft himself. If GPS, magnetometer, or other assisted flight modes are compromised, certain safety features may not operate, and the pilot must understand by his training and experience how to reco ver control.

OPERATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the petitioner.

1. The aircraft used for research & development oper a tions by Tri

- Point will be only the Aibotix X6 as descri bed in the Leica F light O perations

M anual (LFOM) , unless the FAA approves an amendment to this petition for use of a different aircraft. This craft will be purchased or bo rrowed from Leica Geosystems by Tri

- Point

. 2. The aircraft operated in acc ordance with this exemption will be identified by

serial number, registered with identification (N

− Number) markings. Markings
will be as large as practicable

.

3. The PIC will hold a transport, commercial, private, recreatio nal, sport p ilot or glider (powered or non

- powered) airman certificate , and must meet the medical and vision standards, and the flight review requirements, a ppropriate to that certificate, according to 14 CFR § 61.56.9 

### 4. Unless permission is obtained from the FAA, the FSDO or ATC, Tri

Point pilots will operate at least three (3) nautical miles outside pop u lated areas, at less than 400 feet AGL, in class G airspace, in daylight hours o nly and within visual line of sight of the PIC, five (5) nautical miles or more away from airports as denoted on current F AA

- published charts,
and use a LFOM

- qualified visual observer in radio communication with
the PIC.

5. Manufacturer’s limitations of the aircraft will not be exceeded, and Tri

Point ’s operations will adhere to power reserves and the lower oper a tio nal limits described in the LFOM

. 6. Preflight inspection by the PIC, and inspection and maintenance proc edures will be followed according to the LFOM , and will be properly do cumen ted and signed for by an authorized technician who has completed training specified in the LFOM

. 7. Test flights by the PIC in connection with maintenance requirements will
be documented.

8. Manufacturer systems and safety bulletins will be followed, and fligh t cri tical components will be monitored and re placed when specified in the

LFOM

. 9. Discrepancies discovered between inspections will be documented by

Tri

- Point and Aibotix maintenance personnel.

10. If visibility is less than three (3) statute miles from the PIC, the aircraft
will not be operated less than 4 00 feet below a cloud, or less than 2000 feet horizontally from a cloud.

11. The PIC must follow emergency procedures as described in the LFOM in event of lost link, degraded navigation signals, or appearance of una utho r ized persons within the secure flight perimeter

. 12. A commercial Certificate of Authorization will be obtained by FAA’s de signated procedure before any operations that require it ar e conducted. Notices to Airmen will be filed in accordance with FAA requirements, and permissions from ATC or local FSDO's will be sought as the FAA shall specify.

13. An N

- Number will be obtained for the aircraft operated

. 14. RF spectrum will be used in com pliance with FCC requirements

. 15. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight and control, and will be produced upon request by any authority.

16. The aircraft will remain clear of and yield right of way to all manned avi ation operations and activities at all times.10 

### 17. The PIC will operate the aircraft from a stationary ground position and not from any moving device or vehicle.

18. Planned operations will ONLY be above vegetative and/or wooded areas

and NOT near structures and inhabi t ants. The petitioner seeks to do R&D work above these land types excl u sively.

19. The safety of people and property is paramount, and no operations may be conducted within 500 feet of unprotected non

- participants or their property unless conducted according to safety procedures in the LFOM that are approved by the FAA.

20. Al l operations will be conducted over controlled

- access property, for which permission has been obtained prior to flight, and for which safety briefings have been completed according to the LFOM

. 21. All incidents, accidents, and transgressions of allowed flight boundaries will be reported as required by FAA and NTSB.

22. All operations shall be conducted over private or controlled access property with permission from the property owner/controller or authorized repr esentative. Permission from property owner/controller or authorized repr esentative will be obtained for each flight to be conducted.

BENEFIT TO THE PUBLIC

Approval of exemptions allowing commercial operations of SUAS s throughout the
industries Tri

- Point serves will enha nce safety by reducing risk. The objective of these

aerial missions is to enhance safe and reliable operation of the craft while integrated with its sensor payload, and assuring this mitigated risk comes only by operation and

test. By replacing conventional jet

- fueled aircraft with lightweight, battery operated sUAVs in restricted areas for aerial inspection, photogrammetry and image and film

capture, the applications themselves become more environmentally sound and safe

. These include precision agriculture, environmental monitoring, asset and infrastru cture i n spection (rail lines, pipe lines), geology, and others. The use of the Aibot ix X6, is an established UAS platform which is powered by batteries, provides a smaller enviro n mental footprint, increases safety b y de creasing manpower and separates the ai rcraft operators f ro m the craft. It further protects the public by being used in restricted

environme nts and reducing impact hazards.11 

### REA SONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT
SAFETY

The survey aircraft will be operated in accordance with safety protocols defined in the

LFOM , for which we request approval by the FAA according to its authority granted by Congress in Section 333 of the FAA Modernization and Reform Act of 2012.

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its size and weight are a small fraction of any manned aircraft, and its safety systems reflect best design practices in the SUAS i ndustry. Further, the sensor payload has been deemed by both Leica Geosystems and Tri

- Point to be well within the safety envelope for the

craft.

In addition

, Tri

- Point will keep the approved LFOM at its ground control station where

t he PIC will have immediate access to it. Previous exemptions granted by the FAA co ncerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where the PIC can immedi ately access it

.

When properly operated by a trained pilot, a well

- designed sUAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, trai ning and testing requirements for SUAS personnel in the LFOM will let t he operator achieve safety levels in the NAS and on the ground, which are equivalent to or greater
than in manned aviation.

SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

Petitioner requests an exemption from:

14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a)

in order to operate a small unmanned aircraft system ( SUAS ) for purposes of a erial inspections and monitoring, aerial geo

- mapping

, and aerial imaging and filming and12 

### aerial data collection . The pilot in command will be appropriately qualified with a cu rrent private pilot certificate and specialized training..

A erial survey and inspection, geospatial mapping, and film and image capture are co nventionally done by manned aircraft operations that use liquid fuel and weigh upwards
of 5,000 lbs. These operations involve flying the aircraft to and from the operati on’s
location. An Aibotix X6 weighs less than 15 pounds, is less than four feet in diameter,

is equipped with flight control and safety features that prevent flyaway and minimize risk, compared to that of a manned aircraft, to people and property allowed w ithin the zone of operations and outside it.

No flight operations outside the secure d areas are allowed, and no impacts to privacy
are foreseen.